Support for pre-litigation dispute resolution with a Russian counterparty

Claim Work with Russian Counterparties

A claim is an official written demand for the voluntary fulfillment of obligations or rectification of violations, sent before turning to court. According to Russian legal practice, a claim must include:

• Indication of the violated contractual or legal obligations;
  

• Requirements (debt payment, delivery of goods, rectification of defects, etc.);
  

• Justification of the demands with supporting documents attached;
  

• The deadline within which the counterparty must meet the demands (usually 30 calendar days unless otherwise specified).
  

The claim is sent to the legal address specified in the Unified State Register of Legal Entities (EGRUL) or in the contract and is also duplicated by email if such a method is provided for in the agreement between the parties.

The lack of confirmation of delivery is often used by Russian defendants as grounds for procedural objections. Therefore, adhering to the proper form and procedure for sending the claim is of critical importance.

Negotiations and Alternative Dispute Resolution Methods

Pre-trial dispute resolution may include not only claim correspondence but also negotiations between the parties. In the practice of resolving commercial disputes involving Russian companies, this is a widely used tool that allows avoiding court costs and preserving business relationships.

Negotiations can be held directly between the parties or through authorized representatives. In cases involving foreign companies, conducting negotiations through a Russian legal representative helps to avoid misunderstandings in interpreting legal norms and ensures documentary recording of proposals and rejections.

The results of negotiations can be recorded in a written agreement, a settlement act, or another document. Such documents, if properly drafted, have legal force and can serve as the basis for terminating the court dispute or be recognized as a settlement agreement.

In addition to direct negotiations, mediation procedures are applied if provided for in the contract or agreed upon by the parties. Mediation is conducted on a voluntary basis and may result in a mediation agreement subject to court approval.

It is worth noting that mediation procedures are also gaining popularity in Russia, particularly in international commercial disputes, as the costs of international litigation are generally quite high.

KDpartners Services

The lawyers at KDpartners provide comprehensive support to foreign companies in pre-trial dispute resolution with Russian counterparties. We analyze the terms of the contract, check the applicability of the mandatory pre-trial procedure, and develop a legally sound strategy for interaction.

Our specialists prepare claims in accordance with Russian legislation, ensure their proper formatting, translation, submission, and delivery confirmation. If necessary, we assist in conducting negotiations, record agreements in legally significant forms, and prepare drafts of agreements and settlement acts.

All actions are taken with consideration of potential judicial outcomes. KDpartners ensures legal continuity between the pre-trial and trial stages, eliminating procedural risks.

We provide services in Russian, English, and Chinese.